Terms And Conditions
Cardiff City Auctions Terms and Conditions Information for Buyers 1. Introduction: The following informative notes are intended to assist Buyers, particularly those inexperienced or new to our salerooms. All sales are conducted on our printed ‘Conditions of sale’ which are readily available for inspection from our office and also available on our website. Our staff will be happy to help you if there is anything you do not fully understand. 2. Agency: As auctioneers we usually contract as agents for the seller whose identity, for reasons of confidentiality, is not normally disclosed. Accordingly if you buy your primary contract is with the seller. 3. Estimates: Estimates are designed to help buyers gauge what sort of sum might be involved for the purchase of a particular lot. The lower estimate may represent the reserve price. Estimates do not include the buyer’s premium or VAT (where chargeable). Estimates are prepared some time before the sale and may be altered by announcement before the sale. They are in no sense definitive. 4. Buyer's premium: The ‘Conditions of sale’ oblige buyers to pay a buyer's premium at 15% on the hammer price of each lot purchased. 5. We are, primarily, agents for the seller. We are dependent on information provided by the seller and whilst we may inspect lots and act reasonably in taking a general view about them, we are normally unable to carry out a detailed examination of lots in order to ascertain their condition in the way in which it would be wise for a buyer to do. Intending buyers have ample opportunity for inspection of goods and, therefore, accept responsibility for inspecting and investigating lots prior to purchase. Neither Cardiff City Auctions nor the seller accept any responsibility for the condition of lots sold; particularly with regard to objects being in working order. The Buyer acknowledges that a sale by auction IS NOT a consumer sale for the purposes of the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and as replaced by the Consumer Rights Act 2015) and the Unfair Contract Terms Act 1977 / 1999 Regulations and the Buyer shall not seek to rely upon any conditions or warranties implied thereby or by any other legislation. All lots are Sold as Seen with no grading or guarantees and can include used items, salvage, raw returns, ex-display, repossessed and seized goods. 6. Bidding: Bidders are required to register before the sale commences and lots will be invoiced to the name and address on the registration form. Some form of identification may be required if you are unknown to us. Please enquire in advance about our arrangements for telephone bidding. 7. Commission bidding: Commission bids may be left with the auctioneers indicating the maximum amount to be bid excluding buyers' premium. They will be executed as cheaply as possible having regard to the reserve (if any) and competing bids. If two buyers submit identical commission bids the auctioneers may prefer the first bid received. Please enquire in advance about our arrangements for the leaving of commission bids by telephone. 8. Methods of payment: Our preferred method of payment is cash or BACS transfer. We also accept debit card payments when made in person at the saleroom using chip & pin or over the telephone. Credit cards are only accepted by prior arrangement before bidding. 9. Collection and storage: Please note what the ‘Conditions of sale’ state about collection and storage. It is important that goods are paid for and collected promptly. Any delay may involve the buyer in paying storage charges. All items must be removed by Monday at 5pm following the sale. To avoid disruption we do not allow any items to be removed until the auction has ended. 10. Title/Returns: If it becomes apparent that an item has been sold without good title or without authorisation then the buyer will return the item promptly subject to the purchase costs and any other reasonable costs incurred in returning the item being paid by the seller and/or auctioneers. Conditions of sale Cardiff City Auctions carries on business with bidders, buyers and all those present in the auction room prior to or in connection with a sale on the following General Conditions and on such other terms, conditions and notices as may be referred to herein. 1. Definitions In these Conditions, the following words and expressions shall have the following meanings; (a) ‘Auction’ means the auction at which the lot(s) are purchased, (b) ‘Auctioneer’ means the firm of Cardiff City Auctions or its authorised auctioneer, as appropriate, (c) ‘Deliberate forgery’ means an imitation made with the intention of deceiving as to authorship, origin, date, age, period, culture or source but which is unequivocally described in the catalogue as being the work of a particular creator and which at the date of the sale had a value materially less than it would have had if it had been in accordance with the description, (d) ‘Terms of consignment’ means the stipulated terms and rates of commission on which Cardiff City Auctions accept instructions from sellers or their agents, (e) ‘Buyer’ means the person who makes the highest bid for any lot accepted by the Auctioneer, (f) ‘Buyer’s Premium’ means a sum of 15%, which shall be exclusive of VAT, of the Hammer Price, (g) ‘Hammer Price’ means the level of bidding reached (at or above any reserve) when the auctioneer brings down the hammer (h) ‘Total amount due’ means the hammer price in respect of the lot sold together with any premium, Value Added Tax chargeable and any additional charges payable by a defaulting buyer under these conditions (i) ‘Sale proceeds’ means the net amount due to the seller, being the hammer price of the lot sold less commission at the stated rate, Value Added Tax chargeable and any other amounts due to us by the seller in whatever capacity and however arising (j) ‘Lot’ means the good(s) being sold at the auction by the auctioneer, (k) ‘Seller’ means the owner or the owner’s agent or the person in possession of each lot prior to Cardiff City Auctions taking possession of such lot for the purpose of sale by auction. If there are multiple owners or agents or persons in possession, each shall assume, jointly and severally, all obligations, liabilities, representations, warranties and indemnities set forth in these Conditions. 2. Bidding procedures and the buyer: (a) Bidders are required to register their particulars before bidding and to satisfy any security arrangements before entering the auction room to view or bid (b) The maker of the highest bid accepted by the auctioneer conducting the sale shall be the buyer at the hammer price and any dispute about a bid shall be settled at the auctioneer's absolute discretion by re-offering the lot during the course of the auction or otherwise. The auctioneer shall act reasonably in exercising this discretion (c) Bidders shall be deemed to act as principals. (d) Once made, no bid may be withdrawn. Our right to bid on behalf of the seller is expressly reserved up to the amount of any reserve and the right to refuse any bid is also reserved. 3. Increments: Bidding increments shall be at the auctioneer’s sole discretion. 4. The purchase price: The buyer shall pay the hammer price together with a premium thereon of 15% plus VAT (where applicable) on the premium at the rate imposed by law. 5. Payment: (1) Immediately after a lot is sold you will: (a) give to us, if requested, proof of identity, and (b) pay to us the total amount due in cash or in such other way as is agreed by us. (2) Any payments by you to us may be applied by us towards any sums owing from you to us on any account whatever without regard to any directions of you or your agent, whether express or implied. (3) Telephone bidders must pay either by bank transfer or debit card payment over the phone prior to the collection of lots or by cash or card in person prior to collection of goods. 6. Title and Collection of purchases: (1) The ownership of any lots purchased shall not pass to you until you have made payment in full to us of the total amount due. (2) You shall at your own risk and expense take away any lots that you have purchased and paid for not later than two days following the day of the auction after which you shall be responsible for any removal, storage and insurance charges. (3) No purchase can be claimed or removed until it has been paid for. To avoid disruption we insist items won at auction cannot be removed from the sale room until the auction has ended. (4) If it becomes apparent that an item has been sold without good title or without authorisation then the buyer agrees to return the item promptly subject to being reimbursed any purchase costs and any reasonable expenses incurred in returning the item. If the buyer fails to return the item then if applicable the seller agrees to accept the hammer price achieved as recompense for the sale of the item. 7. Remedies for non-payment or failure to collect purchases: (1) If any lot is not paid for in full and taken away in accordance with these conditions or if there is any other breach of these conditions, we, as agent for the seller and on our own behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies: (a) To proceed against you for damages for breach of contract (b) To rescind the sale of that lot and/or any other lots sold by us to you (c) To resell the lot (by auction or private treaty) in which case you shall be responsible for any resulting deficiency in the total amount due (after crediting any part payment and adding any resale costs). Any surplus so arising shall belong to the seller (d) To remove, store and insure the lot at your expense and, in the case of storage, either at our premises or elsewhere (e) To charge interest at a rate not exceeding 1.5% per month on the total amount due to the extent it remains unpaid for more than two days after the sale (f) To retain that or any other lot sold to you until you pay the total amount due (g) To reject or ignore bids from you or your agent at future auctions or to impose conditions before any such bids shall be accepted (h) To apply any proceeds of sale of other lots due or in future becoming due to you towards the settlement of the total amount due and to exercise a lien (that is a right to retain possession of) any of your property in our possession for any purpose until the debt due is satisfied. (2) We shall, as agent for the seller and on our own behalf pursue these rights and remedies only so far as is reasonable to make appropriate recovery in respect of breach of these conditions 8. Third party liability: All members of the public on our premises are there at their own risk and must note the lay-out of the accommodation and security arrangements. Accordingly neither the auctioneer nor our employees or agents shall incur liability for death or personal injury (except as required by law by reason of our negligence) or similarly for the safety of the property of persons visiting prior to or at a sale. 9. Commission bids: Whilst prospective buyers are strongly advised to attend the auction, and are always responsible for any decision to bid for a particular lot and shall be assumed to have carefully inspected and satisfied themselves as to its condition we will if so instructed clearly execute bids on their behalf. Neither the auctioneer nor our employees or agents shall be responsible for any failure to do so save where such failure is unreasonable. Where two or more commission bids at the same level are recorded we reserve the right in our absolute discretion to prefer the first bid so made. 10. Warranty of title and availability: The seller warrants to the auctioneer and you that the seller is the true owner of the property consigned or is properly authorised by the true owner to consign it for sale and is able to transfer good and marketable title to the property free from any third party claims. See 7(4) above. 11. Agency: The auctioneer normally acts as agent only and disclaims any responsibility for default by sellers or buyers. 12. Terms of sale: The seller acknowledges that lots are sold subject to the stipulations of these conditions in their entirety and on the ‘Terms of consignment’ as notified to the consignor at the time of the entry of the lot. 13. Descriptions and condition: (1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer nor our employees or agents nor the seller accept liability for the correctness of such opinions and all conditions and warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are hereby excluded. This condition is subject to the next following condition concerning deliberate forgeries and applies save as provided for in ‘information to buyers’. (2) Private treaty sales made under these conditions are deemed to be sales by auction for purposes of consumer legislation. (3) For the sake of clarification, section 14(5) of the Sale of Goods Act 1979 will not apply to any sale. 14. Forgeries: Notwithstanding the preceding condition, any lot which proves to be a deliberate forgery (as defined) may be returned to us by you within 14 days of the auction provided it is in the same condition as when bought, and is accompanied by particulars identifying it from the relevant catalogue description and a written statement of defects. If we are satisfied from the evidence presented that the lot is a deliberate forgery we shall refund the money paid by you for the lot including any buyer's premium provided that (1) if the catalogue description reflected the accepted view of scholars and experts as at the date of sale or (2) you personally are not able to transfer a good and marketable title to us, you shall have no rights under this condition. The right of return provided by this condition is additional to any right or remedy provided by law or by these ‘Conditions of sale’. General: 15: We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. 16. (1) any right to compensation for losses liabilities and expenses incurred in respect of and as a result of any breach of these conditions and any exclusions provided by them shall be available to the seller and/or the auctioneer as appropriate. (2) Such rights and exclusions shall extend to and be deemed to be for the benefit of employees and agents of the seller and/or the auctioneer who may themselves enforce them. 17. Any notice given to any buyer, seller, bidder or viewer pursuant to these Conditions, including without limitation any Acceptance Notice, shall be deemed to be received: (a) In the case of notice in person, upon receipt; (b) in the case of notice by post, 48 hours after posting; (c) in the case of notice by facsimile, upon receipt of an automated “answer back” denoting that the facsimile was received; (d) in the case of notice by e-mail, 1 hour after sending; and in proving service it shall be sufficient to prove that such notice was properly addressed and, as the case may be, transmitted. 18. Special terms may be used in catalogue descriptions of particular classes of items in which case the descriptions must be interpreted in accordance with any glossary appearing at the commencement of the catalogue. 19. Any indulgence extended to bidders buyers or sellers by us notwithstanding the strict terms of these conditions or of the ‘Terms of Consignment’ shall affect the position at the relevant time only and in respect of that particular concession only; in all other respects these conditions shall be construed as having full force and effect. 20. Compensation will be paid to the seller for any damaged or lost items equivalent to the lower estimate of value (less any commission charges and other normal selling expenses) as agreed on entering the item for sale or as subsequently set by the valuer. In the event of dispute then the level of compensation payable will be referred to an independent expert for resolution. 21. These conditions shall be governed by and construed in accordance with the laws of England and Wales. 22. These terms and conditions may be varied from time to time at the sole and absolute discretion of Cardiff City Auctions. 23. If any one or more of the provisions of these conditions is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Information for sellers 1. Interpretation. In these Terms the words 'you', 'yours', etc. refer to the Seller and if the consignment of goods to us is made by an agent we assume that the Seller has authorised the consignment and that the consignor has the Seller's authority to contract. Similarly the words ‘we', 'us', etc. refer to the Auctioneers. 2. Commission For auctions is charged to sellers at 15%. Notwithstanding this we charge a minimum commission on each sold lot of £1.50 and our standard lot fee of £5.00. 3. Removal and clearance costs. Items for sale must be consigned to the sale room by any stated deadline and at your expense. We are able to recommend individuals or companies who are able to collect and deliver items, and to carry out clearances at your request. 4. Illustrations. No charge is made for the cost of any illustrations. The copyright in respect of such illustrations shall be the property of us, the auctioneers, as is the text of the catalogue. 5. Minimum bids and our discretion. Goods will normally be offered subject to a reserve agreed between us before the sale in accordance with clause 7. We may sell Lots below the reserve provided we account to you for the same sale proceeds as you would have received had the reserve been the hammer price. By default we assume you give us a “discretion” that we may accept a bid of up to 10% below the formal reserve, unless you tell us otherwise when the reserve is agreed. 6. Reserves. (a) You are entitled to place prior to the auction a reserve on any lot consigned, being the minimum hammer price at which that lot may be sold. Reserves must be reasonable and we may decline to offer goods which in our opinion would be subject to an unreasonably high reserve (in which case goods carry the storage charges stipulated in these Terms of Consignment). (b) A reserve once set cannot be changed except in writing and with our consent. (c) Where a reserve has been placed only we may bid on your behalf and only up to the reserve (if any) and you may in no circumstances bid personally. 7. Soft furnishings. The sale of soft furnishings is strictly regulated by statute law in the interests of fire safety. Goods found to infringe safety regulations will not be offered and must be removed at your expense. We reserve the right to dispose of unsafe goods as refuse, at your expense. 8. Descriptions. Please assist us with accurate information as to the provenance etc. of goods where this is relevant. There is strict liability for the accuracy of descriptions under modern consumer legislation and in some circumstances responsibility lies with sellers if inaccuracies occur. We will assume that you have approved the catalogue description of your lots unless informed to the contrary. Where we are obliged to return the price to the buyer when the lot is a deliberate forgery under Condition 15 of the Conditions of Sale and we have accounted to you for the proceeds of sale you agree to reimburse us the sale proceeds. 9. Unsold items. If an item is unsold it may be re-offered at a future sale. Where in our opinion an item is unsaleable you must collect such items from the saleroom promptly on being so informed. Otherwise, storage charges may be incurred. We reserve the right to charge for storage in these circumstances at a reasonable daily rate. 10. Withdrawn and bought in items, or where the reserve is changed. Any expense incurred prior to the printing of the catalogue will be charged to the client. After the catalogue has been printed these items incur charges comprising of the vendor’s commission, the buyer’s premium, the illustration cost, the insurance costs and other expenses relating to the item. These are calculated on our published high estimate, plus VAT. There is a minimum charge for withdrawal or reserve change of £15 per lot plus VAT. 11. Conditions of Sale. You agree that all goods will be sold on our Conditions of Sale. In particular you undertake that you have the right to sell the goods either as owner or agent for the owner. You undertake to compensate us and any buyer or third party for all losses liabilities and expenses incurred in respect of and as a result of any breach of this undertaking. 12. Authority to deduct commission and expenses and retain premium and interest. (a) You authorise us to deduct commission at the stated rate and all expenses incurred for your account from the hammer price and consent to our right to retain beneficially the premium paid by the buyer in accordance with our Conditions of Sale and any interest earned on the sale proceeds until the date of settlement. (b) You authorise us in our discretion to negotiate a sale by private treaty in the case of lots unsold at auction, in which case the same charges will be payable as if such lots had been sold at auction and so far as appropriate these Terms apply. 13. Settlement. (c) We start to process after sale settlement of the net sum due to you from 14 days after the auction, subject to us receiving cleared funds. (d) You authorise any sums owed by you to us on other transactions to be deducted from the sale proceeds. You must note the liability to reimburse the proceeds of sale to us as under the circumstances provided for in Condition 10 above. You should therefore bear this potential liability in mind before parting with the proceeds of sale.